maryv Posted January 4, 2008 Report Share Posted January 4, 2008 Hi all. I have two pending lawsuits against me. I have one from a JDB for over $9K the trial was set for December but was continued for 2/8/08.I just got served from another JDB (I sent that one a DV letter and he repsonded to that DV letter with a copy of my credit report). My first appearance in court is January 17 on that one ($1700). Anyway, I know that one has NO evidence but he does have an affadavit from a JDB that had the debt that this person KNOWS personnally about the debt. Yeah, right. It's not the OC but a JDB who signed this "affadavit". I know this scum JDB has no evidnce but I don't want tto have to go to court 12 times to have him continue this. What is going on with these JDB? Out of nowhere they are filing suits against me.Any advice on how to beat these low lifes quickly is appreciated. Thank you in advance. Link to comment Share on other sites More sharing options...
LadynRed Posted January 4, 2008 Report Share Posted January 4, 2008 For one thing, you MUST refute that affidavit in writing. If you don't, you are basically admitting everything they say in it. The ONLY people who can have FIRST HAND knowledge of your account are the people with the OC who might have handled your account. No JDB rep has first hand knowledge of EVERY transaction on any account they buy, they simply don't have those kinds of records.No way to know why they're suddenly suing you. The one for 9K is no surprise, for that amount any of them are likely to sue. What state are you in ?How old are these debts - when did you last pay the OC's ?Have you bought a house or a car recently ? Link to comment Share on other sites More sharing options...
maryv Posted January 4, 2008 Author Report Share Posted January 4, 2008 Thanks LIR. How do I refute the affadavit? I was going to go in on 1/17 and basically say I DV them (I don't have the letter anymore since it was over a year ago) and they responded only with a copy of my credit report and not with the items I asked for.1. I live in the State of Illinois2. The $9K debt is from 99 or 2000, (I filed chapter 13 bk in 2001 had it dismissed in 7/04), but I'm going to argue that debt is passed the SOL. The $1700 debt I'm going to say isn't mine. Make him prove it. I know he won't be able to because he couldn't send me anything when I asked him to in the DV letter.3. No I didn't buy a house or car in 10 years. Link to comment Share on other sites More sharing options...
LadynRed Posted January 4, 2008 Report Share Posted January 4, 2008 Chances are then that it's the SOL that's driving them, though you never can tell with JDB's. Add to that the dismissed CH 13, and they probably think you have money. Did your Ch 13 may any payments on these accounts ? If so, the SOL would have been reset. Link to comment Share on other sites More sharing options...
maryv Posted January 4, 2008 Author Report Share Posted January 4, 2008 Honestly I don't know if the chapter 13 did make payments on the 9K account. I know it didn't on the other because I didn't have that debt until after chapter 13. The Chapter 13 was dismised back in 7/2004, it's been 3 1/2 years. Link to comment Share on other sites More sharing options...
montanatim Posted January 5, 2008 Report Share Posted January 5, 2008 You say your ch 13 was dismissed. Do you possibly mean discharged? If the 9k debt was included in your BK and was discharged with the rest of the debts you filed on, that is your defense. That debt would no longer exist. If you are not sure if it was included and discharged it would be worth finding out. In your answer to the court your #1 and only defense would be that it has been discharged through BK. Include copy's of the paper work and ask for it to be dismissed. Link to comment Share on other sites More sharing options...
2001Badyear Posted January 5, 2008 Report Share Posted January 5, 2008 Kind of related, but if you DV a CA during a period when they are sueing you, they can't continue collection attempts, correct?What if you did this say a few weeks before a court date?? Isn't this a spin on the 1-2 punch? Link to comment Share on other sites More sharing options...
brokeinok Posted January 5, 2008 Report Share Posted January 5, 2008 Thanks LIR. How do I refute the affadavit? Read this posthttp://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=279274All you want to know about preparing your affidavits to refute their claims! Link to comment Share on other sites More sharing options...
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